Article 2. Definitions of California Food And Agricultural Code >> Division 22. >> Part 2. >> Chapter 11. >> Article 2.

Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.

"Navel orange" means those oranges belonging to the genus Citrus, species sinensis (Linnaeus) Osbeck, and characterized by being seedless and having a navel at the apex, commonly known as navels and marketed for fresh consumption.

"Books and records" means books, records, contracts, documents, memoranda, papers, correspondence, or other written data pertaining to matters relating to the activities subject to this chapter.

"Carton" means a container holding approximately 40 pounds, or the equivalent thereof, of navel oranges marketed for fresh consumption.

"Commission" means the California Navel Orange Commission.

"Commissioner" means any member of the commission.

"Consumer communications" means, as defined by the commission, all manner of advertising and other communications which are directed towards the general consuming public.

"Cooperative handler" means a handler organized under this code and the Capper-Volstead Act (Chapter 12 (commencing with Section 291) of Title 7 of the United States Code) who markets fruit for producer members.

"Cooperative producer" means a producer who markets his or her fruit through a cooperative handler.

"Director" means the Director of Food and Agriculture.

"Districts" mean the following:
  (a) District A consists of the Counties of Fresno, Madera, Butte, Colusa, Glenn, Merced, Placer, Shasta, Solano, Sonoma, Stanislaus, Sutter, Tehama, Yolo, Yuba, and all other counties not included in Districts B, C, D, E, and F.
  (b) District B consists of that portion of Tulare County located between the northern boundary of Tulare County and a straight east-west line made up and defined by Avenue 384.
  (c) District C consists of that portion of Tulare County located between Avenue 384, and a straight east-west line made up and defined by Avenue 232.
  (d) District D consists of that portion of Tulare County located between Avenue 232 and the southern boundary of Tulare County.
  (e) District E consists of Kern County.
  (f) District F consists of the Counties of Riverside, San Bernardino, San Diego, San Luis Obispo, Imperial, Los Angeles, Mono, Orange, Santa Barbara, and Ventura. The boundaries of any district may be changed by a two-thirds vote of the commission, which is concurred in by the director, to maintain similar total production among the districts and to ensure proper representation by producers. The boundaries need not coincide with county lines.

"Ex officio member" means a nonvoting member of the commission.

"Handle" means to engage in the business of a handler.

"Handler" means any person who engages in the operation of selling or marketing navel oranges for fresh consumption which he or she has produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or broker or otherwise. It does not, however, include a retailer, except a retailer who purchases or acquires from, or handles on behalf of, any producer navel oranges which were not previously subject to regulation by the commission.

"Independent handler" means a handler, other than a cooperative handler, who markets fruit for independent producers.

"Independent producer" means a producer who markets his or her fruit primarily through an independent handler.

"Market" or "marketing" means to sell or otherwise distribute navel oranges into commercial channels of trade for fresh consumption in a manner resulting in the sale of the navel oranges.

"Marketing research" means any research relating to the sale of navel oranges.

"Marketing season" or "fiscal year" means the period beginning October 1 of any year and extending through September 30 of the following year. However, the 1983-84 marketing season shall commence within 15 days after the election of the first commission members as provided in Article 5 (commencing with Section 73201).

"Producer" or "grower" means any person who is engaged within this state in the business of producing, or causing to be produced, navel oranges for market.